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Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Forced Labour Convention, 1930 (No. 29) - India (Ratification: 1954)

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1. The Committee refers to its observation on the application of this Convention.

2. In its previous direct request the Committee referred to an observation made on the application of the Convention by the National Labour Federation of Pakistan, alleging that the Indian Army imposes forced labour on civilians in Kashmir. The Committee notes the statement in the Government's report that these allegations are totally false and baseless.

3. The Committee refers to its previous comments concerning the possibility for armed forces personnel to leave the service in time of peace, on their own initiative, without consideration of individual merits, provided they have served a specified minimum period and give notice of reasonable length. It notes the Government's statement in its report that premature retirement or resignation is not permitted except on certain exceptional grounds, which are listed, and that it is not proposed to adopt any measures allowing them to do so.

4. The Committee again refers to the explanations provided in paragraphs 33, 68, 72 and 73 of its 1979 General Survey on the abolition of forced labour. It recalls that service in the armed forces, apart from compulsory military service under conscription laws, is covered by the Convention in particular when it results from voluntary enlistment. It therefore asks the Government to re-examine the question with a view to bringing provisions on service in the armed forces into line with the requirements of the Convention.

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